Michigan Court of Appeals; Docket No. 82163; Published
Judges Gribbs, Hood, and Davis; Unanimous; Per Curiam
Official Michigan Reporter Citation: 149 Mich App 446; Link to Opinion 
STATUTORY INDEXING:
Exclusion for Parked Vehicles Covered by Workers Comp [§3106(2)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals ruled that plaintiff was not entitled to receive no-fault benefits under §3106(2) for the reason that his work-related back injury occurred "preparatory to unloading" a motor vehicle, thus disqualifying him under this section. The plaintiff was a UPS truck driver who delivered packages on a standard daily route. He hurt his back on two separate occasions, both of which involved plaintiff bending over to pick up some packages which had fallen on the truck floor. The court found that both incidents involved activities preparatory to unloading, therefore precluding plaintiff from recovering no-fault benefits. The court relied in substantial part on the previous Court of Appeals decision in Bell v F J Boutell (Item No. 830), and stated, "The rationale articulated in Bell, supra, in support of a broad interpretation of the terms 'loading' and 'unloading,' also supports a broad construction of which activities constitute activities preparatory to actual loading or unloading. The intent of subsection 3106(2) is to eliminate duplication of benefits for work-related injuries which do not arise out of the actual driving or operation of the motor vehicle. In the instant case, plaintiff’s injuries did not arise out of the actual driving or operation of his motor vehicle, but arose from activities within the parked vehicle in preparation of unloading at the next stop."
